These linked webpages can be related to different topics, categories, or sections, allowing users to navigate and explore different content within the constitution of Kenya, 2010CHAPTER FOUR—THE BILL OF RIGHTS PART 1—GENERAL PROVISIONS RELATING TO THE BILL OF RIGHTS
PART 2—RIGHTS AND FUNDAMENTAL FREEDOMS
PART 3—SPECIFIC APPLICATION OF RIGHTS
PART 4—STATE OF EMERGENCY PART 5—KENYA NATIONAL HUMAN RIGHTS AND EQUALITY COMMISSION CHAPTER FIVE—LAND AND ENVIRONMENT PART 1—LAND
PART 2— ENVIRONMENT AND NATURAL RESOURCES CHAPTER SIX—LEADERSHIP AND INTEGRITY
CHAPTER SEVEN—REPRESENTATION OF THE PEOPLE PART 1—ELECTORAL SYSTEM AND PROCESS
PART 2—INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION AND DELIMITATION OF ELECTORAL UNITS
PART 3—POLITICAL PARTIES CHAPTER EIGHT—THE LEGISLATURE PART 1—ESTABLISHMENT AND ROLE OF PARLIAMENT
PART 2—COMPOSITION AND MEMBERSHIP OF PARLIAMENT
PART 3—OFFICES OF PARLIAMENT PART 4—PROCEDURES FOR ENACTING LEGISLATION
PART 5—PARLIAMENT’S GENERAL PROCEDURES AND RULES
PART 6—MISCELLANEOUS CHAPTER NINE—THE EXECUTIVE PART 1—PRINCIPLES AND STRUCTURE OF THE NATIONAL EXECUTIVE PART 2—THE PRESIDENT AND DEPUTY PRESIDENT
PART 3—THE CABINET
PART 4—OTHER OFFICES CHAPTER TEN—JUDICIARY PART 1—JUDICIAL AUTHORITY AND LEGAL SYSTEM
PART 2—SUPERIOR COURTS
PART 3—SUBORDINATE COURTS PART 4—JUDICIAL SERVICE COMMISSION CHAPTER ELEVEN—DEVOLVED GOVERNMENT PART 1—OBJECTS AND PRINCIPLES OF DEVOLVED GOVERNMENT PART 2—COUNTY GOVERNMENTS
PART 3—FUNCTIONS AND POWERS OF COUNTY GOVERNMENTS
PART 4—THE BOUNDARIES OF COUNTIES PART 5—RELATIONSHIPS BETWEEN GOVERNMENTS
PART 6—SUSPENSION OF COUNTY GOVERNMENTS PART 7—GENERAL
CHAPTER TWELVE—PUBLIC FINANCE PART I—PRINCIPLES AND FRAMEWORK OF PUBLIC FINANCE
PART 2—OTHER PUBLIC FUNDS
PART 3—REVENUE-RAISING POWERS AND THE PUBLIC DEBT
PART 4—REVENUE ALLOCATION
PART 5—BUDGETS AND SPENDING
PART 6—CONTROL OF PUBLIC MONEY
PART 7— FINANCIAL OFFICERS AND INSTITUTIONS CHAPTER THIRTEEN—THE PUBLIC SERVICE PART 1—VALUES AND PRINCIPLES OF PUBLIC SERVICE PART 2—THE PUBLIC SERVICE COMMISSION
PART 3—TEACHERS SERVICE COMMISSION CHAPTER FOURTEEN—NATIONAL SECURITY PART 1—NATIONAL SECURITY ORGANS
PART 2—THE KENYA DEFENCE FORCES PART 3—THE NATIONAL INTELLIGENCE SERVICE PART 4—THE NATIONAL POLICE SERVICE CHAPTER FIFTEEN—COMMISSIONS AND INDEPENDENT OFFICES
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The Repeal of the Previous Constitution in the Kenya Constitution of 2010REPEAL OF PREVIOUS CONSTITUTION.
EXPLAINED;According to the documents provided, the Kenya Constitution of 2010 explicitly states that the previous constitution in force immediately before the effective date of the new Constitution shall stand repealed on the effective date. This provision ensures a clear break from the previous legal framework and establishes the Kenya Constitution of 2010 as the governing document for the nation.
The repeal of the previous constitution signifies a deliberate decision by the people of Kenya to replace the existing legal framework with a new one that better reflects their aspirations, values, and vision for the country. It represents a significant step towards democratic progress, as the new Constitution addresses the shortcomings of the previous one and seeks to safeguard the rights and interests of all Kenyan citizens. By repealing the previous constitution, the Kenya Constitution of 2010 establishes a fresh start for governance in the country. It provides a comprehensive framework for the organization and functioning of the government, the protection of human rights, the promotion of democracy, and the principles of equality and justice. The new Constitution also emphasizes the importance of public participation, transparency, and accountability in the governance process. The repeal of the previous constitution paves the way for the implementation of the new Constitution's provisions. It allows for the establishment of new institutions, the redefinition of powers and responsibilities, and the adoption of new policies and laws that align with the principles and values enshrined in the Kenya Constitution of 2010. It is important to note that the Sixth Schedule of the Kenya Constitution of 2010 contains transitional and consequential provisions. These provisions ensure a smooth transition from the previous legal framework to the new Constitution, addressing any potential challenges or conflicts that may arise during the process. In conclusion, the Kenya Constitution of 2010 includes a provision for the repeal of the previous constitution on the effective date. This provision signifies the nation's commitment to a new legal framework that addresses the needs and aspirations of the Kenyan people. The repeal of the previous constitution allows for the implementation of the new Constitution's provisions, establishing a fresh start for governance in Kenya. Citation: The Kenya Constitution, 2010 The Effective Date of the Kenya Constitution of 2010Effective Date.
EXPLAINED;According to the documents provided, the Kenya Constitution of 2010 comes into force under specific conditions. It shall be in effect either upon its promulgation by the President or upon the expiry of a period of fourteen days from the date of the publication in the Gazette of the final result of the referendum ratifying this Constitution, whichever is earlier.
The term "promulgation" refers to the formal announcement or declaration of the Constitution by the President. This signifies the official commencement of the Constitution, making it legally binding and enforceable. The promulgation of the Constitution represents a significant milestone in the democratic process, as it signals the transition to a new legal framework that reflects the aspirations and values of the Kenyan people. Alternatively, if a referendum is held to ratify the Constitution, the effective date is determined by the publication of the final result in the Gazette. The referendum allows the Kenyan people to express their consent and collective will regarding the adoption of the Constitution. Once the final result is published, the Constitution becomes enforceable after a period of fourteen days. The effective date of the Kenya Constitution of 2010 holds great importance for the nation. It marks the beginning of a new era, where the rights, principles, and values enshrined in the Constitution become the foundation of governance, law, and justice in Kenya. The effective date signifies the moment when the Constitution's provisions can be relied upon and invoked by individuals, institutions, and the judiciary. The Kenya Constitution of 2010 represents a significant step towards democratic governance, respect for human rights, and the rule of law. Its effective date is a momentous occasion that symbolizes the collective efforts of the Kenyan people to establish a just and equitable society. In conclusion, the Kenya Constitution of 2010 comes into force either upon its promulgation by the President or on the expiry of a period of fourteen days from the date of the publication in the Gazette of the final result of the referendum ratifying this Constitution, whichever occurs earlier. The effective date holds great significance as it marks the beginning of a new era, where the Constitution's provisions become legally binding and form the basis for governance and justice in Kenya. Citation: The Kenya Constitution, 2010 The Implementation of Transitional and Consequential Provisions in the Kenya Constitution of 2010TRANSITIONAL AND CONSEQUENTIAL PROVISIONS.
EXPLAINED;The Kenya Constitution of 2010 includes detailed provisions in its Sixth Schedule to address transitional and consequential matters. These provisions are designed to ensure a smooth transition and the effective implementation of the new Constitution.
According to the documents provided, the transitional and consequential provisions outlined in the Sixth Schedule take effect on the effective date of the Constitution. Unfortunately, the specific effective date is not explicitly mentioned in the documents shared. However, it can be inferred that the effective date refers to the date on which the Kenya Constitution of 2010 came into force. The purpose of these provisions is to address any transitional issues that may arise during the implementation of the new Constitution. This includes provisions for the continuity of certain laws and institutions from the previous Constitution, as well as the establishment of new mechanisms and structures required by the new Constitution. Additionally, the consequential provisions aim to address the impact and consequences of the new Constitution on existing legislation, institutions, and practices. This ensures that the new Constitution harmonizes with previous laws and regulations and provides a framework for their smooth integration. By including these transitional and consequential provisions in the Sixth Schedule, the framers of the Kenya Constitution of 2010 recognized the importance of managing the transition from the previous Constitution to the new one. These provisions help to ensure stability, continuity, and a seamless transformation of the legal and institutional framework in line with the principles and objectives of the new Constitution. In conclusion, the transitional and consequential provisions outlined in the Sixth Schedule of the Kenya Constitution of 2010 play a crucial role in the effective implementation of the new Constitution. Although the specific effective date is not provided in the documents, it can be inferred that these provisions come into effect on the date the Constitution itself becomes enforceable. These provisions help manage the transition process, ensure continuity, and harmonize existing laws with the new Constitution for a smooth and successful implementation. Citation: The Kenya Constitution, 2010 Provisions Regarding Consequential Legislation in the Kenya Constitution of 2010Consequential legislation.
Explained;The Kenya Constitution of 2010 provides provisions for the enactment of consequential legislation to govern specific matters. According to the Fifth Schedule, Parliament is mandated to enact the required legislation within specified timeframes, which begin on the effective date of the Constitution. Clause (1) of the provision states that Parliament must enact any legislation required by the Constitution within the specified period. However, Clause (2) allows the National Assembly, by a two-thirds majority vote, to extend the period for a particular matter by up to one year. This extension can only be exercised once and only in exceptional circumstances certified by the Speaker of the National Assembly. To facilitate the enactment of the required legislation, Clause (4) requires the Attorney-General, in consultation with the Commission for the Implementation of the Constitution, to prepare the relevant Bills for tabling before Parliament as soon as reasonably practicable. If Parliament fails to enact specific legislation within the specified time, Clause (5) grants any person the right to petition the High Court on the matter. The High Court, upon receiving such a petition, has the power to make a declaratory order and transmit an order to Parliament and the Attorney-General. This order directs them to take steps to ensure the required legislation is enacted within the specified period and to report progress to the Chief Justice. Should Parliament fail to comply with the order under Clause (6)(b), Clause (7) empowers the Chief Justice to advise the President to dissolve Parliament. Upon such advice, the President is obligated to dissolve Parliament. In the event of Parliament's dissolution, Clause (8) mandates the new Parliament, upon commencement of its term, to enact the required legislation within the specified timeframes outlined in the Fifth Schedule. Failure to do so would trigger the application of Clauses (1) to (8) afresh. These provisions highlight the importance of timely enactment of consequential legislation to ensure the effective implementation of the Kenya Constitution of 2010. They also demonstrate the mechanisms in place to hold Parliament accountable for any failure to meet the specified timeframes. In conclusion, the provisions regarding consequential legislation in the Kenya Constitution of 2010 emphasize the responsibility of Parliament to enact required legislation within specified timeframes. Failure to comply may result in legal action, orders from the High Court, and even the dissolution of Parliament. These provisions aim to ensure the smooth implementation of the Constitution and the protection of citizens' rights. Citation: The Kenya constitution, 2010
Smooth Transition: Transitional and Consequential Provisions in the Kenya Constitution, 2010CHAPTER EIGHTEEN—TRANSITIONAL AND CONSEQUENTIAL PROVISIONS
Overview;In CHAPTER EIGHTEEN of the Kenya Constitution, 2010, titled "Transitional and Consequential Provisions," several important provisions are outlined to facilitate the smooth transition from the previous constitution to the new one and address any consequential matters that may arise.
One of the key provisions is 261, which pertains to consequential legislation. This provision implies that the enactment of new laws may be necessary to give effect to the provisions of the constitution or to address any legal issues that may arise as a result of the new constitutional framework. Another significant provision is 262, which deals with transitional and consequential provisions in a broader sense. This provision acknowledges that during the transition period from the old constitution to the new one, certain provisions may need to be put in place to ensure a seamless shift. These provisions may include addressing any inconsistencies or conflicts between the old and new constitution, as well as providing for the continuation of certain legal processes or institutions. The provision 263 establishes the effective date of the new constitution. This date marks the point at which the new constitution comes into operation, replacing the previous constitution and becoming the supreme law of the land. Lastly, provision 264 addresses the repeal of the previous constitution. This provision signifies that the old constitution is no longer in force and has been replaced entirely by the new constitution. It ensures that the new constitutional framework takes precedence and governs the rights, obligations, and governance structures of the country. In summary, CHAPTER EIGHTEEN of the Kenya Constitution, 2010, outlines transitional and consequential provisions that are crucial for the successful implementation of the new constitution. These provisions encompass the enactment of consequential legislation, addressing transitional matters, establishing the effective date of the new constitution, and formally repealing the previous constitution. By including these provisions, the constitution aims to ensure a smooth transition and provide a solid legal foundation for the governance and functioning of the country. Citation: The Kenya constitution, 2010 |
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